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Reso 2018-2786
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Reso 2018-2786
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Last modified
2/28/2018 2:36:33 PM
Creation date
2/22/2018 11:24:48 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2786
Date (mm/dd/yyyy)
02/15/2018
Description
Approve Agmt w/Interlink for Wi-Fi Service Installation on 6 Lifeguard Towers
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with minimum limits of One Million Dollars ($1,000,000.00) per <br /> occurrence. <br /> ❑ Worker's Compensation, as required by the State of Florida Employer's <br /> Liability. <br /> ❑ Business Automobile Liability which shall include coverage for all owned, <br /> non-owned and hired vehicles for minimum limits of not less than One <br /> Million Dollars ($1,000,000) per occurrence, One Million Dollars <br /> ($1,000.000) per accident for bodily injury and Five Hundred Thousand <br /> Dollars ($500,000) per accident for property damage. <br /> Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or <br /> self-insurance maintained by the City. Such insurance shall not diminish Contractor's <br /> - - indemnification and obligations hereunder. The insurance policy(ies)shall be issued by companies <br /> authorized to do business under the laws of the State of Florida and acceptable to the City with a <br /> minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is <br /> performed, and at any time upon request, Contractor shall furnish to the City certificates of <br /> insurance evidencing the minimum required coverage and shall be appropriately endorsed <br /> for contractual liability,with the City named as additional insured. All policies shall contain <br /> a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by <br /> insurance companies acceptable to the City Manager or his designee. All insurance policies and <br /> certificates of insurance shall provide that the policies may not be canceled or altered without thirty <br /> (30) days prior written notice to the City. Contractor shall also require and ensure that each of its <br /> sub-contractors providing services hereunder(if any)procures and maintains, until the completion <br /> of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS <br /> TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN <br /> WRITING BY THE CITY. <br /> 14. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, <br /> voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any <br /> action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in <br /> connection with this Agreement or any course of conduct, course of dealing, statements (whether <br /> verbal or written) or actions of either of party. <br /> 15. GOVERNING LAW, VENUE AND ATTORNEYS FEES. It is agreed that this <br /> Agreement shall be governed by, construed and enforced in accordance with the laws of the State <br /> of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event <br /> it becomes necessary for the City to file a lawsuit to enforce any term or provision under this <br /> Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and <br /> appellate levels. <br /> 16. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term <br /> of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which <br /> the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any <br /> person or entity, other than in the discharge of the duties of the Contractor under this Agreement, <br /> any information which the City designates in writing as "confidential." As a violation by the <br /> Contractor of the provisions of this section could cause irreparable injury to the City and there is <br /> no adequate remedy at law for such violation, the City shall have the right, in addition to any other <br /> remedies available to it at law or in equity,to enjoin the Contractor in a court of equity for violating <br /> such provisions. <br /> 048-6477—INTERLINK GROUP PROFESSIONAL SERVICES;INC. Page 6 of 9 {, <br />
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